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Tana, Please send me an NDA that covers both "Market Manager" and selling a "Private E-Market Place" for Williams Gas Pipeline Companies. It is for: Allison G. Bridges Senior Vice President, Strategic Marketing 2800 Post Oak Blvd. Houston, Texas 77251 This NDA should cover all of Williams' e-Commerce effofts as well as all of their pipeline companies.
Williams Gas Pipelines
Your review and approval of the following product types in the EOL Data manager is needed (for directions on approval, please see steps for approval at the bottom of this e-mail). If you have any questions please call me at ext. 39555 or Chris Walker at ext. 37533 **** DO NOT APPROVE PRODUCT TYPES BETWEEN THE HOURS OF 6AM - 11AM**** Lawyer: Robert Bruce(Mark, Robert already approved Long Description) Product Type(s): Full Truck Load Dry Van Cap (2182) Description(s): A US Physical Full Truckload Dry Van Capacity Transaction with Enron Freight Markets Corp., under which the Seller shall provide and the Buyer shall purchase a fixed quantity of firm freight capacity at the Contract Price, as submitted by Counterparty via the Website. The total Shipment Price shall be the product of the Contract Price multiplied by the Trip Distance subject to possible adjustment for Accessorial and other charges as specified in the General Terms and Conditions. The Trip Distance will be the total number of PC Miler Practical Miles of transport between the five-digit zip codes of the Origin Points and Destination Points. The Payment Date shall be within 30 days of receipt of Seller's invoice and supporting documents. The term of the Transaction shall correspond to the date(s) set forth in the Product description on the Website. This transaction provides Full Truckload Dry Van Capacity from an Origin Point within [Los Angeles, CA], the Origin Zone, to a Destination Point within [Columbus, OH], the Destination Zone. Zip Codes comprising each Origin Zone and Destination Zone are as set forth on the Website. Pickup or delivery outside the Origin Zone or Destination Zone is subject to Out of Route restrictions and surcharges. Transit Time for each Shipment will be 80 hours. Diesel fuel is included in the Contract Price and no surcharge will apply. Cargo limitations may apply. The price is quoted in US Dollars per unit of volume, which will be the Contractual Currency. The unit of measure against which the price is quoted shall be PC Miler Practical Miles of transport and the Contract Quantity shown shall be in number of Shipments per Business Day. Trader(s): Matthew Arnold GTC:
Product Type - Please approve
We have received an executed financial master agreement: Type of Agreement: ISDA Master Agreement (Multicurrency-Cross Border) Effective Date: September 27, 2001 Enron Entity: Enron North America Corp. Counterparty: Public Utility District No. 1 of Benton County Transactions Covered: The agreement is limited to natural gas, electricity or other energy used for the production of electricity. Confirming Entity: Enron North America Corp. Governing Law: New York Special Handling Requirements: No special handling requirements Copies will be distributed
Public Utility District No. 1 of Benton County
FYI - A new (shell) Master Financial Agreement has been established in Global Contracts for EOL purposes until the executed originals are received from legal. I have updated this contract number in EOL's Profile Manager. Please call me at 5-4435 if you have any questions. Counterparty: Public Utility District No. 1 of Benton County, Washington CP ID Number: 51293 Contract Number: 96085521 Profile Manager Updated On: 10/26/01 Thanks,
NEW CP IN EOL-PUBLIC UTILITY DISTRICT NO. 1 OF BENTON COUNTY, WASHINGTON
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Delivery Status Notification (Relay)
Please be advised that Sara has approved and Bill Bradford as signed, on behalf of ENA, the following documentation: 1. Fourth Amendment to Master Energy Price Swap Agreement between ENA and Morgan Stanley Capital Group, Inc.; 2. Amendment Agreement between ENA and The Chase Manhattan Bank; and 3. Derivatives Novation Letter among Deutsche Bank AG, Bankers Trust Company and ENA. Originals of the above documents have been forwarded to the respective counterparties for execution.
Morgan Stanley Capital Group, et al
Joe - I have attached a copy of the Assignement Agreement that Chris forwarded to Bob and noted my comments. Please review at your convenience and let me know your thoughts. Thanks.
Assignment Agreement
Frank and Tana: Per my voice mail message, here is the Enron corp. Guaranty for Hess. Please fill in the signature blocks for the Hess entities and coordinate with Clement in getting it signed and sent back to Hess. It should be faxed to John Bucalo at Hess at 917-342-8720. Thanks.
Guaranty
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WARNING: Your mailbox is approaching the size limit
I have enjoyed my years working with all of you. Hopefully, our paths will continue to cross in the future. Since our days may be numbered, below is my personal contact info. Best of luck in the future.
Contact Info
I will be leaving the office today at 4:00 for a very important doctor's appointment. Also, please note that I will be leaving the office at the same time on Thursday and will not be in the office on Friday . I will be traveling to Louisiana for a funeral.
Early Departures
Tana, The suite of offices on 29 will be complete with a fax machine and an additional analog line for P.C. dial-up access by close of business today. The only exception to your requirements is for an additional table in the empty room. I believe that will be in by mid day tomorrow. We will prepare 32 Thursday.
29th floor
This morning after I left home, my son Joshua had a fever convulsion and passed out. Zane called 911 and believing Josh wasn't breathing, gave him mouth to mouth until his breathing stabilized. Josh is okay now, but he has a severe inner ear infection. The emt's sent Zane to our pediatricians office, where they immediately examined Josh and did blood work. His white blood count is extremely elevated, which apparently is normal after the trauma of a seizure after such a fever spike. They are home now, but my husband is quite shaken and so am I. I'm not really up to discussing this today. To make a long story short, I plan to catch the 2:30 p.m. bus home today. I will be back in tomorrow at 7:00 a.m. and at full speed. I apologize for any inconvenience this may cause.
Family Issues
FYI - A new (shell) Master Financial Agreement has been established in Global Contracts for EOL purposes until the executed originals are received from legal. I have updated this contract number in EOL's Profile Manager. Please call me at 5-4435 if you have any questions. Counterparty: Cavell Energy Corporation CP ID Number: 71842 Contract Number: 96086501 Profile Manager Updated On: 10/30/01 Thanks,
NEW COUNTERPARTY FOR EOL - CAVELL ENERGY CORP and ECC
Jay: Please add AEP to your list of counterparties for master netting agreements. If at all possible, can you provide us with the names of all related entities and contracts for those counterparties we gave you awhile ago as soon as possible so that we can begin pulling contracts? Thanks!
AEP
Alan/Geoffrey - Below you will find a BETA and Fee Agreement for TFS, Inc. in relation to certain European products. These agreements reflect that TFS, Inc. be the Broker and thus, need to be signed by the appropriate officer of TFS, Inc. Once they have been signed (and the accurate address for TFS, Inc. completed in the BETA), they should be returned to my attention for countersignature by Enron. Please let me know if either of you should have any questions or need anything further with regard to this matter. Mark
TFS, Inc.
To all of the Victims of Genia's Pranks: It's time to get her back for all of the pain, anguish and embarrassment that Genia has caused us! If we approach this as a group, we can get her good. Does anyone have any ideas? I'm game for anything!! !
Payback
Tana, To follow-up with the message I left with you. Cinergy Services would like to transact on US East Financial Power product PJM Bal of Day and the new Cinergy Hourly Index (which is coming on-line soon). I understand they don't have a Master Agreement under this entity. The trader mentioned a "long form confirm", which is what is governing the trades they do with us OTC and is wondering if that would suffice. Please call their attorney Mr. Jeff Gollomp to discuss. Thanks for your assistance !
Cinergy Services
We have received an executed Novation Agreement dated as of October 26, 2001 wherein all of the current Bankers Trust Group financial trades shall be transferred and governed under the ISDA Master Agreement between Deutsche Bank AG and ENA dated effective as of December 29, 2000. The Master Agreement between Bankers Trust Group and ENA shall no longer be in effect. Global Counterparty: Please ensure that the ISDA Master Agreement referenced above is attached to this counterparty in EOL. Confirmation Desk: Please ensure that all EOL financial confirmations show this counterparty as "Deutsche Bank AG, acting through its New York Branch" Copies will be distributed.
Duetsche Bank AG - Novation Agreement
I am currently working on a form for the master netting without the CSA. It is somewhat complicated--so if you have such a request, please await the new form. Do not try to do it yourself. Thank you.
Master Netting Without Margin/Collateral Provisions
As the requests are increasing for netting agreements, please do utilize Cadwalader for help. They are ready. Contact Rick Antonoff (212 504 6759) or David Mitchell (212 504 6285).
Cadwalader
Rex/Mark - As we discussed, I am not confident that the Automated Securities Clearance NDA sufficiently covers us in this new matter. I have called Henry Bonner at SunGard to verify the legal structure to see if we can or cannot use it; however, he has yet to return my call. I have prepared the attached based upon a belief that we should have in place an NDA specifically with SunGard Trading & Risk Systems. Because we also want to move this matter forward, I have attached to the agreement a "Schedule A" in which I have outlined the work that SunGard will be performing for us - at least at the onset. If we go beyond the first five days of this work, we should definitely have a formal consulting agreement signed to ensure we have a clear path forward on the work to be done and deliverables to be provided. In the meantime, please take a look at the attached and let me know if this works. Thanks.
SunGard
Chuck - John Allario forwarded the comments you made to the NDA for my review and comment. I agree with all revisions, but the change to the business relationship provision in the introductory paragraph. I would propose that we state the "Project" to be "... each of Enron's and Amerada's affiliates are prepared to furnish each other with information in connection with a possible business transaction or relationship based upon use of the EnronOnline platform or software (the "Project")..." The statement made in your revision is a bit beyond what is actually intended to be discussed. Please consider this change and let me know your thoughts. If this is acceptable, I will incorporate it into final agreements, together with your other comments, and see that final agreements are forwarded for signature. Thanks.
NDA with Enron
Gentlemen - I have attached an updated NDA for SunGard. I added a comment to both the NDA and the Schedule relating to continuing obligations of confidentiality in the event the work SunGard is performing is not extended beyond the initial 5 days. The attached is, therefore, the most current version. In light of our agreement that a new NDA should be put in place, I am proposing that this version be forwarded to Mr. Bonner and/or Mr. Popp for review by SunGard. I will also try to contact Mr. Bonner again to see if there is a local address to which I can forward this for review. Unless any of you should have any further comments or questions, I will be forwarding this version later this morning. Mark
SunGard
Good Morning All, Cheryl has called to say that she is feeling a little under the weather this morning, but will be working from home and is available should anyone want to reach her. Her home number is 713-785-6152. She will be in after noon. If you should need further assistance, please feel free to contact me directly. Thank you!
Cheryl Nelson - under the weather
Notice No. MS-71 October 31, 2001 TERMINATION OF TRADING PRIVILEGES Please be advised that the Exchange has been notified by Man International, Inc. that effective with the close of business October 31, 2001, they will no longer guarantee the membership(s) of Joseph Piraneo (JP-7963). Therefore, in accordance with the Exchange Rule 4.12, the trading privileges of the aforementioned individual(s) are hereby suspended until such time as a new primary clearing member guarantee is provided. In connection therewith, notification of any claims against the aforementioned individuals arising out of transactions executed on the Exchange up to the close of business on August 9, 2001, must be submitted to the Corporate Secretary's Office within ten (10) days.
(MS-71) TERMINATION OF TRADING PRIVILEGES
Tana, Could you please provide me with an NDA that will cover discussions regarding the sale of DealBench. This NDA would be similar to those that you put together for DealBench, PurchasePro and Thomsen Financial. I would like to get a draft of this on Monday please. I know that you usually email NDAs directly to the company, but I want to take a different approach on this one. I have a meeting the CEO on Tuesday in which we will not discuss confidential info (just high level discussions). If that meeting goes well, I want to have the NDA ready to go so we can move to the next stage of discussions quickly. Please let me know if you need any other information besides the following: James W. Pritchett, CEO Petris Technology, Inc. 1900 St. James Place, Seventh Floor Houston, TX. 77057 Thanks,
NDA
There exists another receivable financing covering power receivables structured at the corporate level. I am working with Trey Cash and Melinda Winn to extract the receivables to enable the master netting agreements to be executed. For now, please touch base with me prior to initialing any master netting that includes power. Please note we are still working on the extraction from the gas receivables as well.
READ THIS NOW RE MASTER NETTING
We have received an executed Letter Agreement in connection with the Interest Rate and Currency Exchange Agreement dated as of April 5, 1994 between ENA and The Chase Manhattan Bank ("Chase") (the "Chase Agreement") and the Master Energy Price Swap Agreement dated as of May 28, 1992 between ENA and Morgan Guaranty Trust Company of New York ("Morgan") (the "Morgan Agreement"). On November 10, 2001 (the "Merger Date"), Morgan will merge with and into Chase and will operate under the name JP Morgan Chase Bank. Upon the Merger Date (1) JP Morgan Chase Bank will succeed to all rights and obligations of Chase and Morgan, (2) all outstanding transactions between ENA and Morgan shall be governed by and subject to the Chase Agreement, and (3) the Morgan Agreement shall be terminated. Copies will be distributed.
JP Morgan Chase - Executed Letter Agreement
Tana, Can I please get one more NDA related to the sale of DealBench prepared? This one is for InfrastructureWorld, and the contact is Lenny Izzo who is a Vice President. He asked that you fax the NDA to 650-624-7808. Please email it to him as well. I would like to get this one done today if at all possible. Thanks so much,
Another NDA
Mr. Bonner - Attached is a new Confidentiality Agreement between SunGard Trading & Risk Systems and EnronOnline/Enron Net Works. This agreement is being provided in order to enable current discussions to move forward and to facilitate the work contemplated in the 10/24 letter forwarded by Mr. Popp. I realize we have an existing CA with Automated Securities Clearance, Ltd.; however, since this entity is not the same as STRS, a new agreement has been proposed. If discussions between the parties result in the involvement of other SunGard entities, we can address this at that time by either providing new agreements for each entity or amending the attached to encompass the new entities. Please have the attached reviewed at your convenience and let me know if SunGard should have any comments or questions. Thanks for your assistance.
Confidentiality Agreement
Tana and Marie: We need over here copies of the following agreements so that we can send out default notices to counterparties that have failed to post margin. Margin letters were sent out on November 27 and margin is due by the end of today: Media General, Inc. - 7-13-2000 ISDA Societe Generale Paris 12-9-97 Master Swap Agreement Wabash Valley Power Association 1-10-2001 Master Energy Purchase and Sale Agreement El Paso Electric Company 1-22-2001 Master Power Agreement Merced Irrigation District 3-25-99 ISDA Eugene Water & Electric Board (City of Eugene) 10-30-2000 ISDA City of Shasta Lake 11-21-2000 Master power Agreement City of Sanata Clara California 9-10-99 Master Power Agreement Snohomish PUD No. 1 1-26-2001 Master Power Agreement Valley Electric Association Inc. 2-13-2001 Master power Agreement Colorado River Commission 6-6-2000 Master Power Agreement
Contracts For Default Letters
As a point in clarification, in Section 2(a) of the Master Netting Agreement the parenthetical "(including automatic termination, if applicable)" should be deleted. Here are the new forms with the deletion made in them. Since the form is amending the underlyings to not include automatic termination, the parenthetical should no longer be included. Further, see the attached once again revised process (hopefully this will be the last revision for a time!). Changes are in bold and deal with the gas receivables financing and credit sign-off. To the extent a counterparty will agree to a 25th of the month effective date, do so, as it fits our physical gas billing cycle and makes it easier to pull out the receivable from the gas receivable financing.
Revision to Master Netting Forms
Stephanie - When you get a chance, could you finalize the attached (also found in Tana's O drive). I am not sure where the originals need to go after signed by Enron, but I have a request for that information currently out to Hess. Thanks.
Hess NDA
DO NOT SEND YOUR STATUS UPDATES TO KITCHEN, BRADFORD, ROHAUER, JUST TO ST. CLAIR AND COOK. WE WILL SUMMARIZE FOR THEM, THEY DO NOT WANT SEPARATE EMAILS FROM EVERYONE. THANKS.
Master Netting Agreements Status Upsdates: READ
The meeting scheduled for 11:00 has been cancelled. Time would be better spent on document review and Adoption Agreement preparation. As to document distribution, Tana has informed that Masters are being pulled and are starting to be sent to you at this moment. Some of you may know that Marcus has been proceeding without physical documents by accessing Masters through Live Link. Deb Korkmas is pursuing the obtaining of access to that database for Anne, Travis, Elizabeth and Jeff, as they have the bulk of the documents to review. If others of you wish to have Live Link access, please call Deb. For clarification purposes, the Set Off provision that we are trying to adopt is merely 2 party set off; not triangular or square. The sample clause in Travis' Adoption Agreement for Power accomplishes such goal. Please call me if you have any confusion over which Template to use. Jeff, I will have the Gas Adoption Agreement to you for review before 11:00. Please funnel any questions, problems, issues, etc. to me as they arise. If I don't know the answer, I'll get it for you. Steve
11:00 Meeting cancelled
Steve - Bob asked me to forward the attached amendment to the Fee Agreement to your attention for review and comment. The amendment deals with the addition of North American Emissions to the suite of products that Amerex can access on Broker Client. As there is no fee being paid for this additional product, we are considering access to be on a "trial" basis. When the Fee Agreement is renewed, fees for all products can be further disussed. Please take a look at the attached and circulate as you deem appropriate. If you should have any questions or need anything further, please let me know.
Amendment to Fee Agreement
The following name overlay was completed in GCP today. CP ID FROM TO 80245 Mirant Americas Energy Marketing Canada, Ltd. Mirant Canada Energy Marketing, Ltd. The shortname change will be made on Friday, November 9, 2001
Name Overlay 11/02/01
First, thank you all for your hard work this last week, and in advance for the next weeks to come. Second, suspend your preparation of Canada work reports for the time being. I will let you know when to resume. I simply do not have time to collate the report the next few weeks. Third, be sure to let me know if you are having difficulties meeting deadlines, getting enough help, or the like. Fourth, we will keep our lunch meetings as scheduled and will use the time to strategize on our current projects rather than reviewing the form etc. We will get back to that after the workload settles down. Thanks again.
Various
Tana, several months ago you & I worked on a NDA with a company called 3PARdata. The lawyers worked together and reached a version that was acceptable to both sides. However, for several reasons we did not sign it on the Enron side. I would like to resurrect this agreement with one change. I need to remove EnronOnline, LLC as one of the parties to the agreement. The agreement would be with Enron Net Works LLC and 3PARdata, Inc. Representatives from 3PARdata will be here this Thursday (11/8) to disclose some confidential information. I would like to get our side signed and faxed to them before they COB Wednesday. I will take care of getting the Enron signature. Please call me with any questions or comments. Thanks,
NDA with 3PARdata
Hi Tana I am entering my first ISDA on the database and have a couple of questions and because the database is your baby I thought it best to ask you. Branches: does that mean Enron branches and/or counterparty branches? Restrictions: does that mean whether we have included for example FX and Currency provisions? Kind regards,
Financial Trading Agreement Database
This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. mhb@blakes.com
Delivery Status Notification (Relay)
Tom - Below is an NDA for Williams along the lines we discussed on Friday. It addresses the "System" as being the CommodityLogic products and, as to confidentiality, is intended to supercede the provisions of confidentiality found in the BETA agreement. I have not attached a similar agreement for Dynegy as I found we have a current NDA with Dynegy I.T., Inc. - signed in April, 2001. Though this agreement is not as specific as the form I have provided below, it should be able to be used provided (1) we are talking to the same Dynegy group and (2) we make them aware of the fact that it is applicable from the onset. Though Dynegy also has a BETA with confidentiality language, that language is not as vast as the standard NDA. Please take a look at the attached and let me know how you want to proceed with both interested parties. Thanks.
Williams/Dynegy NDA's
Tana, Just wondering if you ever received the credit worksheet for this counterparty. This is the company that Lee Jackson in NGLs is so eager to get online. Thanks,
Gases y Graneles (Gasmar)
Your review and approval of the following product type in the EOL Data mana= ger is needed (for directions on approval, please see steps for approval at= the bottom of this e-mail). Please do not approve before 11 A.M. CAN Gas Phy Fwd Firm East Spd < or =3D 1Mo=09(2193) Can Gas Phy Spd Dawn vs Niagara Nov01 USD/MM A Canadian Gas Spread Transaction which is entered into as two physical Tra= nsactions with Enron North America Corp. under which either (A) for the cas= e in which Counterparty submits an offer to buy the Spread from Enron, Coun= terparty shall sell the First Transaction and buy the Second Transaction wh= ile Enron shall buy the First Transaction and sell the Second Transaction, = each in respect to a quantity of natural gas equal to the Daily Contract Qu= antity at the Contract Price on a firm basis; or (B) for the case in which = Counterparty submits an offer to sell the Spread to Enron, Counterparty sha= ll buy the First Transaction and sell the Second Transaction while Enron sh= all sell the First Transaction and buy the Second Transaction, each in resp= ect to a quantity of natural gas equal to the Daily Contract Quantity at th= e Contract Price on a firm basis. The Contract Price for the First Transact= ion will be the midpoint of the bid and offer price(s) on the Website for t= he first product listed in the short description at the time of the Transac= tion if both the bid and offer prices are then available or the available p= rice if only one of such prices is then available. The Contract Price for = the Second Transaction will be the Contract Price for the First Transaction= , modified by the price submitted by the Counterparty on the Website. The transaction is from the Effective Date to the Termination Date. The Eff= ective Date is 01 Nov 2001. The Termination Date is 30 Nov 2001. The First Transaction is for delivery at Union Gas - Dawn, Ontario. The Se= cond Transaction is for delivery to Transcanada Pipelines at Niagara. The price is quoted in US Dollars per unit of volume, which will be the Con= tractual Currency. The unit of measure against which the price is quoted shall be millions of = British thermal units and the quantity shown shall be in millions of BTUs p= er day. =20 STEPS FOR APPROVAL: click the =09START button=20 select =09PROGRAMS select =09TEST APPLICATIONS select=09ENRONONLINE CLUSTER(PROD) =09PROCEED WITH USUAL LOGIN/PASSWORD=20 click the=09Enron Online Production Cluster "START" button =20 select=09EnronOnLine (this is the EOL Datamanager) =09PROCEED WITH EOL LOGIN/PASSWORD click on the "+" for EnronOnLine click on the "+" for Product Types click on the "+" for "Awaiting Approval" (OR "Partially Approved") select the product requiring review as stated in e-mail above Right "mouse" click on "properties" to view product set-up=20 TO APPROVE: Right mouse click on "Approved" CW 3-7533
Product Type approval - (CAN Gas Phy Fwd Firm East Spd < or = 1Mo)
As you are aware a "safety net" type of provision has been included in the master netting agreement to attempt to convert any underlying master agreement one way payment provision to a two way payment provision. However, this is only a safety net and should not be relied upon. It may not cover every particular definitional/form structure in an underlying master agreement. Please be sure to review the underlying master. It is probably always best to draft a contract specific amendment to convert to 2way payment since this is a critical issue to effect properly the closeout netting and setoff provisions of the master netting agreement. The specific amendment can be included in the master netting or accomplished as a separate amendment to the underlying master agreement. Any questions, call me.
READ: RE CONVERSION OF 1 WAY PAYMENTS TO TWO WAY PAYMENTS
1. Be sure to verify that the underlying contracts do not allow cherry picking under any default scenario. If it does, amend the express language. 2. We have made 2 changes to the netting agreement forms on the basis of further review by Leslie Hansen of some provisions in our trading forms. The first change is in paragraph 2(a) to clarify the definition of Default. The second change is in paragraph 14(b) to delete the day limitation on claims of Force Majeure. We feel this should not be included in any physical contract that will be included in a master netting agreement, especially because of the current international situation and security concerns. See attached reline version to read the changes. 3. No changes have been made to the Collateral Annex. 4. Attached below are the new forms. Rather than continue with forms with and without the user notes, I put the user notes in a separate document. They are not at the back of the forms. Simpler. The attached forms are Master Netting & Security Agmnt 10 h a v1 (to use without collateral annex) and Master Netting & Security Agmnt 10 h v1 (to use with collateral annex).
FORM CHANGES: READ
See the new versions of the netting agreement forms below. All that has been done is to move the Force Majeure concept to paragraph 2(a) from 14(b). This allows the daily limit concept to stand in the UMAs, but it won't elevate to a default under the master netting arrangements. In certain instances if you want to "kill" the day limitation completely in the underlying agreement, you can always use the previous 14(b) language from the emailed docs earlier today. The docs remain at v1 (version 1).
FORM CHANGE AGAIN!
FYI - New counterparty setup in Global for EOL purposes. Profile Manager was updated today.. Please call me at 5-4435 if you have any questions. Counterparty: City of Glendale CP ID Number: 962 Contract Number: 96088246 Comments: New Counterparty in EOL Thanks,
NEW CP FOR EOL - CITY OF GLENDALE
We have received an executed Amendment Agreement by and between Enron Canada Corp. and Royal Bank of Canada dated as of October 9, 2001, which amends the notice information for both parties contained in the ISDA Master Agreement dated September 28, 2000. Copies will be distributed. Stephanie Panus
Royal Bank of Canada
Stepahnie - Could you please finalize the attached letter for me. We need two originals to be initiatled, signed by Brad and signed by PWC. Thanks.
PriceWaterhouse Letter - Cargill
I know you probably don't have much time for emails right now, but are you still on for Sat.? Is Harry coming with you? Talk later.
Saturday
Notice No. : 01-445 December 27, 2001 NYMEX BOARD EXTENDS A MODIFIED PROPRIETARY FEE REDUCTION PROGRAM At its meeting on December 27, 2001, the NYMEX Board of Directors determined to extend, with certain modifications, the current Proprietary Fee Reduction Program ("Program") through December 2002. Effective trade date January 2, 2002, Member Firms and individual members who own seats will have their NYMEX Division fees reduced by 6 cents per round turn (3 cents per trade side). Individual members who lease their seats, or hold a membership under an ABC Agreement, will have their NYMEX Division fees reduced by 1.25 cents per round turn (.625 cents per trade side). Clearing Members who clear Member Firm trades should adjust their billing systems accordingly. Clearing Members clearing floor members' accounts should NOT adjust their billing systems for such individual members. NYMEX issues payments directly to individual members based upon their trading activity. Floor members who execute Type 3 trades are asked to pay special attention to NYMEX Rule 6.18 (B) (ii), requiring the executing member to report the alpha code (badge symbol) of the receiving member on PTS.
(01-445) NYMEX BOARD EXTENDS A MODIFIED PROPRIETARY FEE REDUCTION PROGRAM
Hi Tana, I was just wondering if you could assist with the status of the following PA's. I understand these are awaiting approval by Legal and Contracts, Houston, having already been approved by Credit, Sydney: Company Name Date Submitted NTT Communications Taka Maeda 7 June 01 Yuen Foong Yu Paper Yileng Tseng 10 Aug 01 Beijing Zhengcheung Technology Mr. Hwzhao 17 Aug 01 Moraka Pte Venkatesh Raman 13 Sept 01 Terragate Pty Ltd Charlie Bell 12 Sep 01 Mitsui Mining Australia Akihiro Imazawa 9 Oct 01 Coal & Allied Operations Matthew Wall 6 Nov 01 Nipponkoa Insurance Kenji Terauchi 6 Nov 01 As I am sure you can appreciate, I have had several inquiries regarding these applications. With the exception of the last 2 which have only recently been entered, these PA's for the most part seem to be taking quite a long time. Any information you can provide regarding the status of any of the above would be greatly appreciated Thank you and regards,
Outstanding EOL PA's
Good Morning all! Samantha had a parent/teacher conference this morning and is en route to the office now. She anticipates being in the office around 9:15 am. Please feel free to call me should you need any assistance. Thank you!
Samantha Boyd - Late Arrival
Lorie - Attached for your review is a first draft of a proposed LOI for Chisholm. I have added provisions that mirror the items laid out in the product description information as these are the types of things that will be addressed in the final definitive agreements. Please review at your convenience and let me know your thoughts. Mark
Robert Chisholm LOI
Tana - can you fax me the final executed copies of the following agreements we did this week: 1. Employee Access Agreement and Waiver 2. Administrative Services Agreement 3. Software License Agreement Please fax to my attention, c/o conf. room 16A, at 713-224-9511. You can reach me at 713-546-5018 if you have any questions - Thanks.
Swapco Agreements
well, how is it going down there? Charles ***************************************************************************** The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. Access to this email by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. When addressed to our clients any opinions or advice contained in this email are subject to the terms and conditions expressed in the governing KPMG client engagement letter. *****************************************************************************
note
Tana, \\\\\\\\\\\\Everything is going well here in Managua. My flight is #2112 from Miami on Monday night on American Airlines. I do not know the exact arrival time. Can you please call and find out. Send and receive Hotmail on your mobile device: Click Here
arrival
Tana - - Are there changes to the managers for the above entity? Current managers are Derrick, Haedicke and Whalley; with many business units removing Derrick and Whalley to comply with the marketing affiliate rule, I did not know if your entities would be subject to the same. Please let me know. Thanks.
Enron Net Works LLC
Gayla - Thanks for talking earlier today. While I still would like to have your business people confirm their rationale for having a bi-lateral agreement, I have looked over the Williams form and noted my comments. I have attached the redlined version below. I have retained the concept of exclusivity for the term of the agreement and for one year following termination as the product developed by CommodityLogic is of significant importance. Since Williams is currently evaluating the product for potential use, I believe your business personnel can appreciate the viability of this product and understand CommodityLogic's concerns. I am hopeful that we can reach resolution on this agreement promptly. Thanks.
NDA with CommodityLogic
Lorie/Carl - Pursuant to our discussion, I have attached an updated draft of the LOI. I have not attached either the product description nor the pricing schedule as this can be accomplished once we finalize the LOI. Please take look at the attached and let me know if there are any further comments or questions. Mark
LOI - Robert Chisholm
Kay - Do we have any agreements with a company called Virtual Markets Assurance Corporation? CommodityLogic is looking at entering into a confidentiality agreement with this company. Thanks.
Conflict Check
We have received the following financial Master Agreement: Type of Contract: ISDA Master Agreement (Multicurrency-Cross Border) Effective Date: March 9, 2001 Enron Entity: Enron North America Corp. Counterparty: Catequil Partners, L.P. Transactions Covered: Approved for all products with the exception of: Foreign Exchange Confirming Entity: Enron North America Corp. Governing Law: New York Special Handling Requirement: Counterparty has five (5) Local Business Days after a confirmation was effectively received by it to accept or dispute a confirmation. Copies will be distributed.
Catequil Partners, L.P.
We have received the following financial Master Agreement: Type of Contract: ISDA Master Agreement (Multicurrency-Cross Border) Effective Date: March 9, 2001 Enron Entity: Enron North America Corp. Counterparty: Catequil Overseas Partners Ltd. Transactions Covered: Approved for all products with the exception of: Foreign Exchange Confirming Entity: Enron North America Corp. Governing Law: New York Special Handling Requirement: Counterparty has five (5) Local Business Days after a confirmation was effectively received by it to accept or dispute a confirmation. Copies will be distributed.
Catequil Overseas Partners Ltd.
Mark Haedicke will hold a floor meeting for EWS Legal in Houston this afternoon, Monday, November 12, at 2:00 p.m. The location will be outside of conference room EB3824. Please plan to attend. Thank you.
Floor Meeting for EWS Legal
Tom - Attached is an updated version of my comments. I have deleted Paragraph 11 dealing with the "No Other Transactions" language. The protection term is consistent with our conversation. Please let me know when this agreement is ready to be finalized and I will do so for you . Mark
Williams NDA
Hi Tana, A couple of weeks ago I sent up to you (I think it was you) the letter I received regarding an assignment between Transcanada and Mirant. Joyce Reed from Mirant is looking for an update on the status. Can you give her a ring when you have a free second (ha!) - 403 218 1031. Thanks,
Transcanada - Mirant assignment
Notice No. MS-76 November 14, 2001 COMMODITY EXCHANGE, INC. MEMBER FIRM PRIVILEGES Please be advised that effective with the close on November 2, 2001, Merrill Lynch, Pierce, Fenner & Smith, Inc., has acquired Merrill Lynch Futures, Inc. Merrill Lynch, Pierce, Fenner & Smith, Inc. has assumed the clearing member firm privileges of Merrill Lynch Futures, Inc. As a result, Merrill Lynch Futures, Inc. has been terminated as a clearing member firm of COMEX. Members and Member firms have (10) days from the date of this notice to advise the Corporate Secretary's Office of any claims against Merrill Lynch Futures, Inc.
(MS-76) MEMBER FIRM PRIVILEGES
Good Morning! I just received a call from Cheryl. She was able to get a flight out and will be traveling today. If you need immediate assistance, please feel free to call. Thank you.
Cheryl Nelson - update
Effective Monday, November 19, Mark Haedicke will office in the new building. His location will be: ECS 06788 (sixth floor, office number 788). My new location will be ECS 06785 (just outside Mark's office). Our telephone numbers and fax number will remain the same.
Move to Enron Center South
Please let me know if there are any EnronOnline trading-related matters you would like Global to address at our monthly status meeting tomorrow morning. We would like to know if you have any feedback for us, if there is anything you wish we were doing differently, or if there is anything from the Credit and Legal departments that we should know. We will be meeting at 10:00 a.m. in ECN 791 and, as always, you are welcome to attend -- even if only for a few minutes.
Monthly Global Status Meeting
In an effort to conserve space in the refrigerator for tomorrow's Thanksgiving luncheon, please take your old or unwanted items out of the refrigerator this afternoon. Also, if you are bringing a dish, please remember to bring a serving spoon. Thanks!! !
Thanksgiving Luncheon
In connection with the execution of the new ISDA Master Agreements between ECT and ECT Canada and PG&E Energy Trading Gas Corporation and PG& E Energy Trading, Canada Corporation, we, and they, will be issuing new "umbrella" guarantees that will cover all transactions between the above entities and also cover EPMI and PG&E Energy Trading - Power, L.P. and CEG Energy Options Inc. (a PG&E affiliate) These new guarantees will cover all physical, financial and power transactions between the above parties. I have sent them the original of my Enron Corp. Guaranty for $105,000,000 and have received in the original of the PG&E Corporation Guaranty for $100,000,000. Rod is resolving whether we agreed to increase the Enron Corp. guaranty to $110mm. In connection with the issuance of the new bilateral guarantees I need to return to them the originals of the following PG&E guarantees: (1) PG&E Corporation Guarantee dated as of March 28, 1998 covering business between Enron Power Marketing, Inc. and PG&E Energy Trading - Power, L.P., (2) PG&E Corporation Guarantee dated as of June 5, 1998 in favor of Enron Power Marketing, Inc. covering physical transactions, and (3) PG&E Energy Trading Corporation Guaranty dated March 11, 1997 covering physical business with ECT Canada. I will also be returning to you the returned originals of the Enron Corp. Prior Guarantees.
Need Documents
We have received the executed Acknowledgement and Termination Agreement dated effective as of December 1, 1999 by and among El Paso Merchant Energy-Gas Company (formerly known as El Paso Marketing Company, also formerly known as Eastex Hydrocarbons, Inc.), El Paso Merchant Energy Gas, L.P., El Paso Energy Corporation, and ENA (formerly known as ECT). Such document referenced the merger of Sonat Marketing Company, L.P. with and into El Paso Merchant Energy-Gas L.P., and the subsequent assignment of El Paso Merchant Energy-Gas LP's rights, duties and obligations to El Paso Merchant Energy-Gas Company. Under such agreement, the parties agree that: 1. ENA and El Paso Merchant Energy-Gas Company agree that (a) the Sonat Marketing Company and Sonat Marketing Company, L.P. financial Transactions shall be governed by the El Paso Merchant Energy-Gas Company financial Master Agreement dated as of April 20, 1995; and (b) the Sonat physical transactions shall be governed by the El Paso Enfolie Master Firm Purchase/Sale Agreement dated March 1, 1998; 2. El Paso Energy Corporation, as Guarantor, agrees that its guaranty shall remain in full force and effect with respect to the transactions evidenced in Item 1 above; 3. Enron Corp., as Guarantor, agrees that its guaranty shall remain in full force and effect with respect to the transactions evidenced in Item 1 above; 4. ENA and El Paso Merchant Energy-Gas Company agree that the Sonat financial Master Agreement dated as of September 1, 1994, and the Sonat Master Firm Purchase/Sale physical Master Agreement, will be terminated; 5. Each of ENA, El Paso Merchant Energy-Gas, L.P. and El Paso Energy Corporation agree that the Sonat physical Guaranty dated August 28, 1995, the Sonat financial Guaranty guaranty dated August 28, 1995, the Enron Corp. financial Guaranty dated as of August 28, 1995 and the Enron Physical Guaranty dated May 1, 1994 are thereby terminated. All of the above is rather complex, and I've tried to reduce 3 pages of "Whereas" clauses into 1 paragraph, but I will distribute the document to the usual suspects, so any confusion about parties should become clearer.
El Paso/Sonat Acknowledgement and Termination Agreement
Mark asked if you could work on the following with our new secondee, Jason. I provided Jason a hard copy yesterday since he didn't have a computer yet. Thanks!
AccuNet Agreement
We have a new lawyer that started in our group yesterday. His name is Jason Peters. Can you get him added to the Master Swap Agreement database ASAP. Thanks.
New Lawyer
FYI Per Sheila's inquiry and at Sara's direction, I called Ken Raisler at Cadwalader to determine if using the word "exchange" in a corporation's name would create any regulatory problems with the CFTC. Per Ken, there has been some historical sensitivity about the use of the word "exchange" . As we may have noticed though, a lot more companies are doing so without concern. He said there was no regulatory problem with the CFTC in using "exchange" in your corporate name, however, putting "exchange" in a company's name may put you on the CFTC's radar and get you more scrutiny. He also said that there may be regulatory conerns in Singapore and Hong Kong, so if we ever anticipate doing business there, it might not be a good idea.
Use of "exchange" in corporate name
Mr. Uretsky, At the request of Michael Danielson, I am attaching our proposed form of Confidentiality Agreement. If the agreement meets with your approval, could you please have it executed by an authorized officer of Viant Corporation and fax it to me for signature by Enron North America Corp. If you have any questions or comments, please do not hesitate to call me. My phone no. is (713) 853-3399 and my fax no. is (713) 646-3490. Thanks for your help.
Confidentiality Agreement
We have received the executed Assignment and Assumption Agreement dated April 10, 2000, effective as of November 25, 1997, wherein Tembec Inc. assigned its interest in Contract No. #J7774.1 dated March 23, 1998 to National Bank of Canada. Copies will be distributed.
Trade Assignment-National Bank of Canada/Tembec Inc.
We have received the executed First Amendment to ISDA Master Agreement dated as of April 10, 2000. This amendment revises the ISDA Master Agreement with the referenced counterparty to bring the agreement up to current form standards with changes including, but not limited to: 1. Adding the Canadian Securities Acts representation; 2. Making certain changes to elections with respect to Payments on Early Termination and amending the Setoff language; 2. Makes changes to certain credit provisions, including letter of credit provisions, the form of letter of credit, the Independent Amount,, and amends the definition of "Material Adverse Change" . Copies will be distributed.
National Bank of Canada
On the 4/25/00 list, Imperial Oil Resources Limited (cpy id 5193) was on the original approval list, but I had them as a U.S. counterparty instead of Canadian. Credit now tells me they are Canadian, so I am a little concerned that I might have opened them for Credit Derivatives. So if they are, shut them down since Canadian cpys can't do Credit Derivatives. Of course, all counterparties should be shut down for Credit Derivatives now unless Credit tells us they are a Credit Derivatives cpy, and then I'll make a determination...but you know that...!
Counterparty Approval Lists for 4/24/00 and 4/25/00
I am preparing an assignment of two physical gas trades that were incorrectly done online with Canadian Imperial Bank of Commerce and ENA and assigning them to CIBC World Markets plc and ECC (ECC has a physical master with this counterparty, ENA doesn't). I am adding a statement to the effect that these Transactions shall constitute "Transactions" under the ECC Master Agreement and want to confirm that "Transactions" is defined as such under your Master Agreement. Can you confirm that for me. Much thanks! Too bad you won't be here for the party. It's always a good one. Also, Sunday is Astroworld day for Enron employees, but you probably won't get here early enough to do that either... Hey, if you run into any problems, my home # is (713) 529-1038. Don't be shy about calling me if you need any help with anything! I mean it!
Need your help
I am getting some pressure to get the database opened to the world. The only thing left to do to get that done was to get the Portland masters migrated out. What's happening with that?
Master Swap Agreement Database
We have received the executed Confidentiality Agreement between the referenced Counterparty and ENA dated April 27, 2000. The copy will be forwarded to Dave Samuels. It is my intention that Dave Samuels maintain a complete file of all the Confidentiality Agreements for EnronOnline. If there is some otherr person than Dave who sould maintain the central file repository for EnronOnline Confidentiality Agreements please this let me know.
Viant Corporation
Congratulations on the first bandwith trades! I understand we have done two trades today with the following bandwidth counterparties: 1. Broadwing Communication Services Inc. - we have a Master Bandwidth Purchase and Sale Agreement executed April 27, 2000, effective as of March 28, 2000. It has just arrived in the bandwidth Legal Dept. and Marie Heard, the paralegal for bandwidth, will be getting the copy down to Global Contracts. 2. The other party appears to be El Paso Energy Communications, and we have no master in place with this counterparty, so an online confirm with the GTC should be used here. If you have any other questions let me know, and I'll try and help you or get someone who can!
Online Bandwidth Trades
At the request of Bob Shults, I am attaching our proposed form of Confidentiality Agreement. I have included our phone numbers below in case you have any comments you would like to discuss with us. We look forward to hearing from you.
Confidentiality Agreement
At the request of Bob Shults, I am attaching our proposed form of Confidentiality Agreement. I have included our phone numbers below in case you have any comments you would like to discuss with us. We look forward to hearing from you.
Confidentiality Agreement-Human Code
Attached is the form of Letter of Credit you requested. Also, I am still working to get that info from London on the margin funds and securities. They are working on it so I hope to get it to you soon. They are the only holdout.
Letter of Credit
Just to give a head's up, In case I'm not here and you have to get something signed for EnronOnline, Louise Kitchen absolutely does not want any other officer signing documents for her group. The only two signatories for EnronOnline are Louise and Andy Zipper, Vice President. FYI, we do have a resolution in place that allows certain individuals to sign password applications (only!) on behalf of EnronOnline.
Enron Online Signatories
As you both may recall, we left unresolved whether our intention was to have the credit derivatives tied to the applicable ISDA Master Agreement, if there was any. Mark's first thought was that they would always go under a GTC, but after reflection, perhaps we might want them to go under the master. We need to get this resolved because there is no global contract assigned to any of the credit derivatives online, which is causing much trouble between Global Contract and the online crew. Can you direct me as to what our approach will be. Thanks.
EnronOnline Credit Derivatives
What is going on with the revisions to the tax language in the ISDA? I spoke to Marie and she said that at year end the tax language out of "ISDAexh.doc "was sent to Rhett Jackson for review and as far as she know it hadn't been signed off on. Obviously, we still have the old language in the form and we need to get this updated.
Updated Tax Language
1. 5/2/00 List: Per my conv. w/ CIBC World Markets, they are a U.K. incorporated company, and will be trading only out of New York 2. 5/3/00 List: We are not changing our prior approvals, which included "no power" , which Leslie Hansen has reconfirmed.
Counterparty Approvals for 5/2/00 and 5/3/00
We definitely have enough people for a party. I haven't heard back from some people yet, I'll keep trying. I hope to have some responses when I get home from work tonight. Atached is of list of the status so far: What do you think?
Church Gourmet Dinner
Andrea, The firm commitments I have so far are for the potatoes and pork chops. That red pepper dip looks really good, I may make that. Do you want to choose another one. We're still waiting to hear back from some people, so I may have to adjust the amount depending on how things go. Let me know your choice! - Black Bean Dip.doc - RoastRdPepperDip.doc - Cheesy Herb and Garlic Bread.doc - ShrimpGazpacho.doc - PorkChopsMangoBasilSauce.doc - ScallopedPotatoes.doc - DeathbyChocolate.doc
List of Recipes
We have received the executed Assignment and Assumption Agreement dated as of March 31, 2000 assigning two physical Canadian gas trades (EOL Deal Nos 137945 and 149472) from Canadian Imperial Bank of Commerce to CIBC World Markets plc. Such trades will be governed by the Master Firm Purchase/Sale Agreement dated November 16, 1999 between CIBC World Markets plc and Enron Canada Corp. Copies will be distributed
CIBC Assignment of Physical EOL Trades
Attached are the recipes. I sent you them all because they all looked so good. Will you be talking to Steve? I left him a voicemail about the dinner. I have scheduled him for the garlic bread. I guess I will just mail him the recipe. - Black Bean Dip.doc - RoastRdPepperDip.doc - Cheesy Herb and Garlic Bread.doc - ShrimpGazpacho.doc - PorkChopsMangoBasilSauce.doc - ScallopedPotatoes.doc - DeathbyChocolate.doc
Church Gourmet
Attached are the recipes for the Church Gourmet Dinner. I've got you down tor the pork chops (Alicia says to make it a mix of pork and chicken). All the recipes looked really good, so I thought you might want to look at them anyway. The directions to my house are as follows: 1. Take 59 and exit Greenbriar like you are going to Church 2. First light is Bissonnet, make a left on Bissonnet. 3. Stay on Bissonnet for about 1/2 mile. On the right you will see a gray apartment complex called "Maryland Manor". The street right there is "Ashby", make a right on Ashby. 4. The first left is Wroxton Court. I am in the upstairs of the duplex at 1714 Wroxton Court, but you probably will just want to walk around to the back yard. My phone no. is case there are any problems is (713) 529-1038. I look forward to seeing you there! - Black Bean Dip.doc - RoastRdPepperDip.doc - Cheesy Herb and Garlic Bread.doc - ShrimpGazpacho.doc - PorkChopsMangoBasilSauce.doc - ScallopedPotatoes.doc - DeathbyChocolate.doc
Church Gourmet
At the request of Anita Herrera, I am enclosing a copy of a list that shows the discrepancies that our records show from the list we were sent of trades to be assigned to J. Aron. Please resolve the trades issues directly with Bob Bowen. His # is 713/853-7859.
Statoil Reconciliation
At the request of Anita Herrera, I am sending you a list of discrepancies with the J. Aron trades. I tried to send this earlier and attached the wrong documents. Please disregard that email and delete it. Thanks.
Statoil Reconciliation